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POLL: Should Boy Be Responsible for Errant Little League Throw That Struck Spectator?

A Manchester boy has been sued over a pitch that struck a Whiting woman in 2010

A Manchester boy is being sued for $500,000 for an errant pitch that struck a spectator in the face two years ago at the township's Little League field, according to his father and media reports. 

Matthew Migliaccio was 11 when a practice pitch he threw left the field and struck a Whiting woman in the face. His father, Bob Migliaccio, told Patch in an email that the league originally told the family that "he had nothing legally to worry about."

That is not the case any longer, he alleges.

"Little League at every level will not help in his defense," he writes. "The policy of Little League is not to cover spectators under its insurance plan, so we are on our own."

A lawyer for the Migliaccios told the Associated Press that the lawsuit, which alleges that Elizabeth Lloyd was assaulted and battered by the pitch and has ongoing pain and anguish, is "disgusting.

"It's horrible this can actually happen and get this far," attorney Anthony Pagano told the AP. "Ultimately, hopefully, justice will prevail."

A Little League spokesperson told the AP that local leagues are required to have insurance for coaches, players and other workers, but not spectators.

The Migliaccio's homeowners' insurance would cover the count alleging negligence and carelessness, but not the two other counts, according to the AP.

Migliacco told Patch that he hopes his son's story will help spread the word that Little League does not protect players and their families from this type of incident. 

Debi Klinger June 27, 2012 at 04:31 PM
I think the general thought here is, why is this boy, his parents or his homeowners insurance ever involved from the get go....she should be submitting to her insurance company and what they dont cover you have a lawyer sue the town or little league for, or better yet chalk it up to no being aware of your surroundings. I have been hurt by accident, I chalked it up to my stupidity for not paying attention to where I was standing at the time....and would certainly never dream of suing someone. 30 years ago this would have been unheard of, and suits like these throughout the years, are why people are so afraid of being human to one another now. Its a shame.
CJ June 27, 2012 at 08:52 PM
Want to support the Migliaccios? Go to: https://www.facebook.com/groups/452139901471375/ Stand up for Matthew Migliaccio
Crystal July 08, 2012 at 08:27 PM
I am a paralegal and almost positive that when this case goes to trial, it will be no caused immediately, meaning the jury will decide the child has no liability in the incident. We all have insurance for a reason. It is very unfortunate, but to go after the child is ridiculous! I'm surprised that a Motion for Summary Judgment wasn't filed...maybe the Court wants to set some type of legal precedence with this case due to the ironic basis of same. Who knows... I know the family and they are great people, especially Matt. It's a shame they have to expend their own monies for such a ridiculous claim. Hopefully they found an attorney to handle it pro bono, as it'll be a high publicity case.
southern hick August 04, 2012 at 01:54 AM
Its true. And the survey above is flawed. The leauge shouldn't have to pay either. This lady and her wealthy husband should be outcasts in the community and shuned by all. I usually try to be nice on these sites but the lady is simply dirt or being controlled by someone who is much more greedy. They say in the law suit that the husband is being denied services of his wife. How can this even be happening? SHUN HER AND THE HUSBAND AND ANY FAMILY. No Violence No anger just outcasts in the community. If somehow she is a member of a church or a temple the leadership should pull her aside and remind her about what is right and wrong. Good luck to the kids family!! Take donor money with pride knowing everyone wants to defeat her.
Nunya Business September 28, 2012 at 02:16 PM
You know, if this waste of a human being wants to sue a little boy for not throwing as accurately as a MLB pitcher and wants damages for "pain and suffering" I think that memebers of the community where she lives should teach her and her husband what "pain and suffering" really means.

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